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U.S. v. Barnes, No. 01-3048 (D.C. Cir.) (295 F.3d 1354) (July 23, 2002) (Judge Karen LeCraft Henderson)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Domestic Violence
U.S. v. Barnes, No. 01-3048 (D.C. Cir.) (295 F.3d 1354) (July 23, 2002) (Judge Karen LeCraft Henderson) by The defendant in this case was convicted of unlawful possession of a firearm under 18 U.S.C. § 922(g)(9), which make sit unlawful for a person convicted of domestic violence to possess firearms …
Holy Land Foundation v. Ashcroft, No. 02-442(GK) (D.D.C.) (219 F.Supp.2d 57) (August 8, 2002) (Judge Gladys Kessler)
Article • July 1, 2002 • from P&J July, 2002
Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label
Holy Land Foundation v. Ashcroft, No. 02-442(GK) (D.D.C.) (219 F.Supp.2d 57) (August 8, 2002) (Judge Gladys Kessler) by In this case the plaintiff, Holy Land Foundation for Relief and Development ("HLF"), the largest Muslim charitable foundation in the country, brought an action challenging its designation as a terrorist organization and …
Welch v. Ashcroft, No. 00-7665 (4th Cir.) (293 F.3d 213) (June 19, 2002) (Judge Robert R. Beezer)
Article • June 1, 2002 • from P&J June, 2002
Filed under: Punch And Jurists, Deportation/Removal/Exclusion
Welch v. Ashcroft, No. 00-7665 (4th Cir.) (293 F.3d 213) (June 19, 2002) (Judge Robert R. Beezer) by Although the mandatory detention of deportable aliens is reasonably related to legitimate government interests, the 14-month detention of a deportable alien, convicted of firearm offenses, constituted punishment without the benefit of a …
North Jersey Media Group, Inc. v. Ashcroft, No. Civ. No. 02-967 (JWB) (D.N.J.) (205 F.Supp.2d 288) (May 28, 2002) (Judge John W. Bissell)
Article • June 1, 2002 • from P&J June, 2002
Filed under: Punch And Jurists, Deportation/Removal/Exclusion
North Jersey Media Group, Inc. v. Ashcroft, No. Civ. No. 02-967 (JWB) (D.N.J.) (205 F.Supp.2d 288) (May 28, 2002) (Judge John W. Bissell) by Ten days after the terrorist attacks of September 11, 2002, Chief Immigration Judge Michael Creppy issued a memorandum (the “Creppy Memo”) to all immigration judges and …
U.S. v. Rahmani, No. CR01-209-RMT (C.D.Cal.) (209 F.Supp.2d 1045) (June 21, 2002) (Judge Robert M. Takasugi)
Article • June 1, 2002 • from P&J June, 2002
Filed under: Punch And Jurists, Terrorist Designation/Terrorism Label
U.S. v. Rahmani, No. CR01-209-RMT (C.D.Cal.) (209 F.Supp.2d 1045) (June 21, 2002) (Judge Robert M. Takasugi) by Here the Court dismissed an indictment filed against 7 alleged terrorists, on the grounds that the 1996 law underlying the indictment was unconstitutional on its face since it provided the organization no notice …
U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (196 F.Supp.2d 416) (April 25, 2002) (Judge Jed S. Rakoff)
Article • June 1, 2002 • from P&J June, 2002
Filed under: Punch And Jurists, Federal Death Penalty Act
U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (196 F.Supp.2d 416) (April 25, 2002) (Judge Jed S. Rakoff) by Here Judge Rakoff declared his tentative decision to grant defendants' motion to dismiss the death penalty aspects of this case on the ground that the Federal Death Penalty Act, 18 …
U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (205 F.Supp.2d 256) (July 1, 2002) (Judge Jed S. Rakoff)
Article • June 1, 2002 • from P&J June, 2002
Filed under: Punch And Jurists, Federal Death Penalty Act
U.S. v. Quinones, No. 00 CR 761 (JSR) (S.D.N.Y.) (205 F.Supp.2d 256) (July 1, 2002) (Judge Jed S. Rakoff) by Here Judge Rakoff held that the Federal Death Penalty statute (18 USC § 3591-98) was unconstitutional because it violates due process due to the “undue risk of executing innocent people” …
U.S. v. Dando, No. 00-2508 (10th Cir.) (287 F.3d 1007) (April 25, 2002) (Judge Bobby R. Baldock)
Article • May 1, 2002 • from P&J May, 2002
Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)
U.S. v. Dando, No. 00-2508 (10th Cir.) (287 F.3d 1007) (April 25, 2002) (Judge Bobby R. Baldock) by The defendant in this case pled guilty to misdemeanor assault in violation of 18 U.S.C.S. §§ 113(a)(5) and 1153. In the plea agreement, defendant acknowledged that restitution was mandatory under 18 U.S.C.S. …
U.S. v. Jackson, No. 01-4004 (4th Cir.) (280 F.3d 403) (February 7, 2002) (Judge J. Michael Luttig)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Prohibited Persons
U.S. v. Jackson, No. 01-4004 (4th Cir.) (280 F.3d 403) (February 7, 2002) (Judge J. Michael Luttig) by The defendant in this case was convicted of possessing a firearm by an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(3). On appeal, he argued, inter alia, …
U.S. v. Vasquez, No. 01-1695 (1st Cir.) (279 F.3d 77) (February 6, 2002) (Judge Bruce M. Selya)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Deportation/Removal/Exclusion
U.S. v. Vasquez, No. 01-1695 (1st Cir.) (279 F.3d 77) (February 6, 2002) (Judge Bruce M. Selya) by
Schmier v. U.S. Court of Appeals for the Ninth Circuit, No. 01-16105 (9th Cir.) (279 F.3d 817) (February 1, 2002) (Judge Paul R. Michel)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Court Rules
Schmier v. U.S. Court of Appeals for the Ninth Circuit, No. 01-16105 (9th Cir.) (279 F.3d 817) (February 1, 2002) (Judge Paul R. Michel) by
U.S. v. King, No. 01-1141 (2nd Cir.) (276 F.3d 109) (January 2, 2002) (Judge Joseph M. McLaughlin)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act
U.S. v. King, No. 01-1141 (2nd Cir.) (276 F.3d 109) (January 2, 2002) (Judge Joseph M. McLaughlin) by In this case, Judge Sweet of the S.D.N.Y. had previously held that parts of the Child Support Recovery Act, as amended by the Deadbeat Parents Punishment Act, were unconstitutional in that they …
City of Chicago v. Morales, No. 97-1121 (U.S. Supreme Court) (527 U.S. 41; 119 S.Ct. 1849) (June 10, 1999) (Justice Stevens)
Article • January 26, 2002 • from P&J May, 1999
Filed under: Punch And Jurists, Vagueness/Overbreadth
City of Chicago v. Morales, No. 97-1121 (U.S. Supreme Court) (527 U.S. 41; 119 S.Ct. 1849) (June 10, 1999) (Justice Stevens) by In this case the Supreme Court struck down, as unconstitutionally vague, an anti-loitering ordinance enacted by the City of Chicago which resulted in some 42,000 arrests in the …
Beharry v. Reno, No. 98 CV 5381 (JBW) (E.D.N.Y.) (183 F.Supp.2d 584) (January 9, 2002) (Judge Jack B. Weinstein)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Deportation/Removal/Exclusion
Beharry v. Reno, No. 98 CV 5381 (JBW) (E.D.N.Y.) (183 F.Supp.2d 584) (January 9, 2002) (Judge Jack B. Weinstein) by In this case Judge Weinstein granted a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the ground that petitioner was eligible for discretionary relief from deportation under …
Patel v. Zemski, No. 01-2398 (3rd Cir.) (275 F.3d 299) (December 19, 2001) (Judge Dolores K. Sloviter)
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists, Deportation/Removal/Exclusion
Patel v. Zemski, No. 01-2398 (3rd Cir.) (275 F.3d 299) (December 19, 2001) (Judge Dolores K. Sloviter) by Here the Court held that due process requires that an alien, who is jailed at the beginning of deportation proceedings that stem from an “aggravated felony” conviction, must be granted a bail …
U.S. v. Lewko, No. 01-1231 (1st Cir.) (269 F.3d 64) (October 25, 2001) (Judge Norman H. Stahl)
Article • November 1, 2001 • from P&J November, 2001
Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act
U.S. v. Lewko, No. 01-1231 (1st Cir.) (269 F.3d 64) (October 25, 2001) (Judge Norman H. Stahl) by Here the Court rejected a Commerce Clause challenge to both the Child Support Recovery Act of 1992 (18 USC § 228(a)(1)) and the Deadbeat Parents Punishment Act of 1998 (18 USC § …
U.S. v. Purdy, No. 00-30168 (9th Cir.) (264 F.3d 809) (August 31, 2001) (Judge Harry Pregerson)
Article • October 1, 2001 • from P&J October, 2001
Filed under: Punch And Jurists, Vagueness/Overbreadth
U.S. v. Purdy, No. 00-30168 (9th Cir.) (264 F.3d 809) (August 31, 2001) (Judge Harry Pregerson) by In this case, the Court rejected a claim by the defendant that his conviction for illegal possession of a firearm as an "unlawful user" of drugs, in violation of 18 U.S.C. § 922(g)(3) …
U.S. v. Gill, No. 00-10304 (9th Cir.) (264 F.3d 929) (September 6, 2001) (Judge A. Wallace Tashima)
Article • October 1, 2001 • from P&J October, 2001
Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act
U.S. v. Gill, No. 00-10304 (9th Cir.) (264 F.3d 929) (September 6, 2001) (Judge A. Wallace Tashima) by Here, over the dissent of Judge Reinhardt, a majority held that the Child Support Recover Act (18 USC § 228(a)) permits the inclusion of interest on delinquent child support payments - even …
U.S. v. LaHue, No. 99-3344 (10th Cir.) (261 F.3d 993) (August 17, 2001) (Judge Wade Brorby)
Article • October 1, 2001 • from P&J October, 2001
Filed under: Punch And Jurists, Vagueness/Overbreadth
U.S. v. LaHue, No. 99-3344 (10th Cir.) (261 F.3d 993) (August 17, 2001) (Judge Wade Brorby) by In this prosecution of a number of doctors for violations of the Medicare Antikickback Act, 42 USC § 1320a-7b(b), the Court held that a defendant may be found guilty under that Act when …
Hicks v. Oklahoma, No. 78-6885 (U.S. Supreme Court) (447 U.S. 343; 100 S.Ct. 2227) (June 16, 1980) (Justice Stewart)
Article • September 10, 2001
Filed under: Punch And Jurists, Equal Protection Clause/Claims
Hicks v. Oklahoma, No. 78-6885 (U.S. Supreme Court) (447 U.S. 343; 100 S.Ct. 2227) (June 16, 1980) (Justice Stewart) by Here a divided court vacated the petitioner's drug conviction on the grounds that he had been denied due process when he was sentenced under a state habitual offender statute that …
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